Wilson, in the matter of Wilson v Official Trustee in Bankruptcy [1999] FCA 1760

FEDERAL COURT OF AUSTRALIA

Wilson, in the matter of Wilson v Official Trustee in Bankruptcy [1999] FCA 1760 BANKRUPTCY – application for annulment of sequestration order – where sequestration order made thirteen years prior to application for annulment – whether judge hearing creditor's petition wrongly declined to extend time for compliance with bankruptcy notice – whether application to set aside judgment on which bankruptcy notice was based had been instituted prior to time for compliance with bankruptcy notice expired – whether no amount owing to creditor – whether alleged failure of creditor to enforce security would deprive creditor of the right to enforce the debt – whether bankruptcy notice invalid as claiming more than the debt owing

WORDS & PHRASES – "instituted"

Bankruptcy Act 1966 (Cth), s 153B, s 41(6A), s 41(5) Greenhill, ex parte Myer (NSW) Ltd (1984) 5 FCR 84, not followed Corney v Brien (1951 ) 84 CLR 343, cited Emerson v Wreckair Pty Ltd (1992) 33 FCR 581, followed

IN THE MATTER OF ERNEST ARTHUR WILSON AND PATRICIA LORRAINE WILLIAMS

ERNEST ARTHUR WILSON and PATRICIA LORRAINE WILLIAMS v OFFICIAL TRUSTEE IN BANKRUPTCY and DONALD WIGGINS, KEVIN WIGGINS AND THE ESTATE OF AUSTIN AND RENE WIGGINS N8139 OF 1999 EMMETT J 9 DECEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N8139 OF 1999

IN THE MATTER OF ERNEST ARTHUR WILSON AND PATRICIA LORRAINE WILLIAMS

BETWEEN: ERNEST ARTHUR WILSON

First Applicant

PATRICIA LORRAINE WILLIAMS

Second Applicant

AND: OFFICIAL TRUSTEE IN BANKRUPTCY